Altcoins Talks - Cryptocurrency Forum

Further Discussions => Legality & Taxation of Cryptos => Topic started by: WILL Testament on July 29, 2018, 10:01:38 PM

Title: [GUIDE] if you have been scammed by a Swiss Crypto Company
Post by: WILL Testament on July 29, 2018, 10:01:38 PM

I forward this useful post here from Jeycreative on BTT to help you in obtaining a refund in case of scam from a Swiss crypto company.

Some legal knowledge first
When can You contest a contract?
A contract can only be contested if it is defective in some way. The following defects in particular can affect a contract:

Article 21 of the Swiss Code of Obligations (CO) regulates the case of unfair advantage. Where there is a clear discrepancy between performance and consideration in a contract that has been concluded through one party's exploitation of the other's position of need, inexperience or thoughtlessness, the party who is at a disadvantage may declare within one year that they will not honour the contract and may demand restitution of any performance already made.

Articles 23 and 24 CO regulate the case of contracts concluded in error. They provide that a party who makes a serious mistake as to the circumstances when entering into a contract is not bound by that contract. The error must be substantial, i.e. so serious that if the party in error had known the true situation, they would not have signed the contract. It is advisable to inform the other party in writing that the signed contract is considered invalid on the grounds of a substantial error. If a party has been induced to enter into a contract by a fraudulent misrepresentation made by the other party, the contract does not bind the deceived party (Art. 28 CO). Fraudulent misrepresentation arises where a party to a contract lies about or fails to disclose a certain fact, such as falsely claiming that goods are of a certain quality. It is advisable to inform the other party in writing that the contract is considered void on the grounds of fraudulent misrepresentation.

more information from the official source: https://www.konsum.admin.ch/bfk/en/home/dienstleistungen/auskunftsstelle/faq.html (https://www.konsum.admin.ch/bfk/en/home/dienstleistungen/auskunftsstelle/faq.html)

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Step 0 If you have a juridic protection insurance, call them to assist you in the process. Or a Lawyer if you act early and have a decent amount invested. FYI my bit mine case cost me around $2000 in lawyer for no effect yet, case open in 2016 and still pending.

Step 1 If they don't answer to your refund request via email or phone, Act Fast! Send a registered refund letter to the company stating how much they owe you, how to refund you, and that they have 10 days to answer this refund letter.
If you are not living in Switzerland, I can serve as a mailbox for you and post your letter, PM if it is the case.

Step 2 The company have 10 open days to answer your letter, If they don't persist...or go to

Step 3 Submitting a request for debt enforcement using these links: German (https://www.e-service.admin.ch/eschkg/cms/content/betreibung/betreibung_einleiten_de) - French (https://www.e-service.admin.ch/eschkg/cms/content/betreibung/betreibung_einleiten_fr) - Italian (https://www.e-service.admin.ch/eschkg/cms/setLangToCookie?language=it&url=https://www.e-service.admin.ch/eschkg/cms/content/betreibung/betreibung_einleiten_fr)
No English version of this website, but I can help you fill it in French if needed.
This website is in English but you still need to fill the request in one of the three national language.
https://www.ch.ch/en/debt-enforcement-request/ (https://www.ch.ch/en/debt-enforcement-request/)

Step 4 The company will receive your debt enforcement request and can pay it or oppose it.
Here is the debt collection process in French (https://www.e-service.admin.ch/eschkg/cms/content/documents/Schema_SchKG_fr.pdf) - German (https://www.e-service.admin.ch/eschkg/cms/content/documents/Schema_SchKG_de.pdf) - Italian (https://www.e-service.admin.ch/eschkg/cms/content/documents/Schema_SchKG_it.pdf)

If they oppose to your debt enforcement request, you'll most certainly need to go through a judge to validate your request and then the company will be forced to give you a refund. WARNING in most case the company will fill for bankruptcy when they are cornered into going to Court. So it is better to try to pressure them into refunding you before you have to push it to the tribunal.

Step 5 Take some legal action with a lawyer to validate your debt enforcement request

And then the long wait...

Good luck to you all, hope this post can be of some help for some of you.

Jeycreative from BTT posted this great article,
I am reposting it here with his authorization, feel free to contact him if you need assistance.


It is important to keep Switzerland a safe place for crypto enthusiasts.
You can help him in his fight with a small donation on his wallet

All the best to you all
William


[btc] 1BkaenKBnj1fKRKtm5SejLDmCQwtyebE6c
Donations on this wallet will be used by jeycreative to pay for forwarding letters to users and related fees.
In case of a major donation, He'll help set a standard legal case with a Swiss lawyer and post it here so all users can modify it and use it in their cases.

Title: Re: [GUIDE] if you have been scammed by a Swiss Crypto Company
Post by: cheneah on August 26, 2018, 10:03:49 AM

It's very informative mate.It can help me with a lot and with our other partner bounty hunters.
May you make another thread for other projects.Good job.